The Bombay High Court has taken a stern view of police conduct and directed the Maharashtra government to pay compensation of ₹50,000 each to a lawyer and a former serviceman for violating their dignity and fundamental rights.
A division bench of Justice Urmila Joshi-Phalke and Justice Nivedita Mehta observed that parading the two individuals in handcuffs was an affront to their dignity and a serious violation of their fundamental and human rights. The court stressed that law enforcement agencies must not only follow legal procedures but also respect the dignity of individuals.
The bench noted that advocate Yogeshwar Kawade and former serviceman Avinash Date were subjected to humiliating treatment that should not be meted out to any citizen in India.
According to case details, the incident dates back to August 2010, when the petitioners had approached Talegaon police station in Amravati district to lodge a complaint against a person who had allegedly damaged their car. However, a cross-complaint was filed against them, following which police took both men into custody after midnight.
The petitioners alleged that they were forced to strip and were later handcuffed and taken in a State Transport (ST) bus to a magistrate’s court in public view the next day.
They argued that they were neither habitual offenders nor dangerous criminals, and therefore, handcuffing them was illegal and amounted to defamation. Although the Amravati Superintendent of Police stated that departmental action had been taken against the erring officers, the High Court found it insufficient.
Emphasising the need to uphold justice, the court said it is the duty of the judiciary to remedy legal wrongs and ensure accountability. It has directed the state government to pay the compensation within eight weeks.